HomeMy WebLinkAboutLand Use Case.CU.204 N 5th St.A12-93~~ ..~
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 03 04 93 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735-124-32-005 A12-93
STAFF MEMBER: LL
PROJECT NAME: 204 N. 5th St. Conditional Use Review for an Attached
ADU•
Project Address: 204 N. 5th St.
Legal Address: Lots K & L, Block 29. City & Townsite of Aspen
APPLICANT: G. Steve Whipple 0-4428
Applicant Address: 121 S. Galena, Suite 203. Aspen, CO
REPRESENTATIVE: Same
Representative Address/Phone:
Aspen, CO 81611
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING $ 0 # APPS RECEIVED 3
ENGINEER $ # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 0
TYPE OF APPLICATION: STAFF APPROVAL:- 1 STEP: X 2 STEP:_
P&Z Meeting Date_~_~~ PUBLIC HEARING:<~J NO
VESTED RIGHTS: YES NO
CC Meeting Date
DRC Meeting Date
REFERRALS:
ity Attorney
City Engineer
Housing Dir.
As n Water
ty Electric
Envir.Hlth.
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Zoning Energy Center Other t,
DATE REFERRED: ~~I ~~ INITIALS: 5 ~~ DUE: ~7 ~
_---~---1--~~=_________--
FINAL ROUTING: DATE ROUTED: Z ~ INITIAL: ~
_ City Atty City Engineer Zoning {env Hea th
Housing Open Space ~ Other: G _
FILE STATUS AND LOCATION:
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: Whipple Conditional Use Review
DATE: April 20, 1993
SUMMARY: The applicant proposes
with an attached, 559 square
dwelling unit. Staff recommends
an accessory dwelling unit.
to construct a single family home
foot (net liveable), accessory
approval of conditional use for
APPLICANT: George Whipple
LOCATION: 204 North 5th Street, Aspen
ZONING: R-6
APPLICANT'S REQUEST: To provide an attached studio accessory
dwelling unit pursuant to Ordinance 1 requirements.
REFERRAL COMMENTS:
Having reviewed the above referenced application, and having made
a site inspection, the Engineering Department has the following
comments
1. Parkins - The building permit application plans must show the
garage and other parking dimensions to ensure meeting code
requirements. Parallel parking spaces require 22 feet of length.
2. "Sidewalk" -The recently adopted Pedestrian Plan established
that no concrete or other hard surface sidewalks would be permitted
or required to be constructed in the West End of Aspen. However,
the Plan did provide for maintaining a usable pedestrian space off
of the street. This space must be indicated on the building permit
application plans. The site visit revealed that this space is in
existence at this time. The guidelines provide for this space to
be located five feet back from the curb and to be five feet wide.
3. Trash - The sketch plan does not indicate a trash storage area.
The building permit application plans must indicate a trash storage
area in order to preclude such use of the public right-of-way. It
appears that the current trash storage area is located in the alley
right-of-way and not on private property.
4. Utilities - If new utility pedestals are required for the
project, they must be located on the applicant's property and not
in the public right-of-way. The application makes no
representations about having contacted each of the utilities to
confirm that existing facilities can provide anticipated load
increases for the project.
5. Curb and Gutter - Prior to final inspection, the portions of
the existing driveway that are in the public right-of-way shall be
removed, and the curb cut shall be removed and replaced with
matching rolled curb and gutter.
6. Site Drainage - One of the considerations of a development
application for conditional use is that there are adequate public
facilities to service the use. One public facility that is
inadequate is the City street storm drainage system. The new
development plan must provide for no more than historic flows to
leave the site. Any increase to historic storm run-off must be
maintained on site.
7. Development in the Public Ricrht-of-way - Given the continuous
problems of unapproved work and development in public rights-of-
way, we advise the applicant as follows:
The applicant shall consult city engineering (920-5080)
for design considerations of development within public
rights-of-way, parks department (920-5120) for vegetation
species, and shall obtain permits for any work or
development, including landscaping, within public rights-
of-way from city streets department (920-5130).
STAFF COMMENTS:
Conditional Use Review'- Pursuant to Section 7-304 the criteria for
a conditional use review are as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located; and
RESPONSE: The proposed accessory dwelling unit will be
approximately 559 square feet on the ground floor of the proposed
single family home. The unit will comply with the Housing
Guidelines and the requirements of Ordinance 1. The unit will be
deed restricted as a resident occupied unit for residents of Pitkin
County. Provision of an accessory dwelling unit is consistent with
the City's policy to encourage affordable housing in all
neighborhoods.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development; and
2
~~
RESPONSE: The accessory dwelling unit is attached to the proposed
single-family residence and below grade. It does not increase the
mass or floor area of the proposed home. The design of the house
would be the same if the accessory dwelling unit were not included.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
RESPONSE: The attached accessory dwelling unit will have no
adverse effect upon surrounding properties. The proposed residence
will continue to appear as a single-family structure. Four parking
spaces are provided for on-site. There is an exterior access to
the unit and an internal access from the main .house to the ADU
which enables the resident of the ADU to use the laundry and ease
caretaker functions such as childcare and maintenance.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools; and
RESPONSE: No new services are required to redevelop the site with
a primary residence and the 559 square foot accessory dwelling
unit. The Engineering Department is requiring the applicant to
maintain historic storm runoff patterns and any increased storm
runoff must be contained on-site.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
RESPONSE: The proposal includes a studio accessory dwelling unit
for employees of Pitkin County. An increase in employees is not
expected by the provision of an accessory dwelling unit.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: The conditional use meets the requirements of the Aspen
Area Comprehensive Plan and other requirements of this chapter by
integrating a community housing need into the redevelopment of the
property.
RECOMMENDATION: Staff recommends approval of the conditional use
for the attached accessory dwelling unit with the following
conditions:
3
~,
1. Prior to the issuance of any building permits:
a. the applicant shall, upon approval of the deed restriction by
the Housing Authority, record the deed restriction with the Pitkin
County Clerk and Recorders Office with proof of recordation to the
Planning Department. The deed restriction shall state that the
accessory unit meets the housing guidelines for such units, meets
the definition of Resident Occupied Unit, and if rented, shall be
rented for periods of six months or longer.
b. the applicant shall submit the following items to be approved
by the Engineering Department:
i. A storm runoff plan prepared by an engineer registered to
practice in the State of Colorado demonstrating that no
additional storm runoff for the 100-year runoff event shall
be conveyed to the public right-of-way by the development;
and
c. the Engineering Department shall be routed the building permit
application in order for approval of items identified in this memo,
including the improvement survey that is required for a building
permit in order to determine any possible issues regarding the
public right-of-way, such as unlicensed encroachments.
2. Prior to final inspection, the existing driveway shall be
removed from the public right-of-way and the curb cut shall be
replaced with matching rolled curb and gutter.
3. All representations that are made in the application and those
reviewed and approved by the Planning and Zoning Commission shall
be complied with.
4. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
5. The ADU shall be clearly identified as a separate dwelling unit
on building permit plans and shall comply with U.B.C. Chapter 35
sound attenuation requirements.
RECOMMENDED MOTION: "I move to approve the 559 square foot
accessory dwelling unit for 204 N. 5th Street with the conditions
recommended in the Planning Office memo dated 4/20/93."
ATTACHMENTS: Site Plans
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX (303) 920-5197
March 9, 1993
G. Steve Whipple
121 S. Galena, Suite 203
Aspen, CO 81611
Re: 204 N. 5th St. Conditional Use Review for an Attached Accessory
Dwelling Unit
Case A12-93
Dear Steve,
The Planning Office has completed its preliminary review of the captioned
application. We have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and
Zoning Commission at a Public Hearing to be held on Tuesday, April 20, 1993
at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you
please contact me within 3 working days of the date of this letter. After
that the agenda date will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable technical
problems. The Friday before the meeting date, we will call to inform you
that a copy of the memo pertaining to the application is available at the
Planning Office.
Please note that it is your responsibility to mail notice to property owners
within 300' and to post the subject property with a sign at least ten (10)
daysprior to the public hearing. Please submit a photograph of the posted
sign as proof of posting and an affidavit as proof of mailing prior to the
public hearing.
If you have any questions, please call Leslie Lamont, the planner assigned
to your case at 920-5101.
Sincerely,
Suza n~lff
Administrative Assistant
form:ap:.pM1
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
Zoning Administration
FROM: Leslie Lamont, Planning Office
RE: 204 N. 5th St. Conditional Use Review
DATE: March 9, 1993
Attached for your review and comments is an application submitted by G. Steve Whipple.
Please return your comments to me no later than April 2, 1993.
Thank you.
MEMORANDUM
,~
<..,,
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer C.i~
Date: April 10, 1993
Re: Two Oh Four (204) North 5th Street Conditional Use Review for an Accessory
Dwelling Unit
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Pa11dnE -The building permit application plans must show the garage and other
parking dimensions to ensure meeting code requirements. Parallel parking spaces require
22 feet of length.
2. "Sidewalk" -The recently adopted Pedestrian Plan established that no concrete or other
hard surface sidewalks would be permitted or required to be constructed in the West End
of Aspen. However, the Plan did provide for maintaining a usable pedestrian space off
of the street. This space must be indicated on the building permit application plans. The
site visit revealed that this space is in existence at this time. The guidelines provide for
this space to be located five feet back from the curb and to be five feet wide.
3. Trash -The sketch plan does not indicate a trash storage area. The building permit
application plans must indicate a trash storage area in order to preclude such use of the
public right-of-way. It appears that the current trash storage area is located in the alley
right-of-way and not on private property.
4. Utilities - If new utility pedestals are required for the project, they must be located on
the applicant's property and not in the public right-of-way. The application makes no
representations about having contacted each of the utilities to confirm that existing
facilities can provide anticipated load increases for the project.
5. Curb and Gutter -Prior to final inspection, the portions of the existing driveway that
are in the public right-of-way shall be removed, and the curb cut shall be removed and
replaced with matching rolled curb and gutter.
6. Site Drainaee -One of the considerations of a development application for conditional
use is that there are adequate public facilities to service the use. One public facility that
f
I (/~n~~,
_ a W '~~
~/
is inadequate is the City street storm drainage system. The new development plan must
provide for no more than historic flows to leave the site. Any increase to historic storm
run-off must be maintained on site.
7. Development in the Public Right-of--way - Given the continuous problems of
unapproved work and development in public rights-of-way, we advise the applicant as
follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city
streets department (920-5130).
Recommended Conditions of Approval
1. Prior to issuance of a building permit, the applicant shall submit the following items
to be approved by the Engineering Department:
a. A storm runoff plan prepared by an engineer registered to practice in the State
of Colorado demonstrating that no additional storm runoff for the 100-year
runoff event shall be conveyed to the public right-of-way by the development;
and
b. A revised response to Sec. 24-7-304.D reflecting contact and communication
with all utilities to confirm their abilities to handle increased loads for the
proposed development.
2. The Engineering Department shall be routed the building permit application in order
for approval of items identified in this memo, including the improvement survey that is
required for a building permit in order to determine any possible issues regarding the
public right-of-way, such as unlicensed encroachments.
3. Prior to final inspection, the existing driveway shall be removed from the public right-
of-way and the curb cut shall be replaced with matching rolled curb and gutter.
cc: Bob Gish, Public Works Director
M9J.9J
MESSAGE DISPLAY
TO LESLIE LAMONT CC BILL DRUEDZNG
From: Bill Drueding
Postmark: Mar 15,93 10:55 AM
Status: Previously read
Subject: 204 N, 5TH STREET CONDITIOAL USE
-------------------------------------------------------------------------
Message:
Z MET A THE SITE WITH STEVE WHIPPLE AND WENT OVER THE AREAS OF ZONING
THAT I WOULD HAVE CONCERN WITH..WHIPPLE APPEARED TO HAVE A GOOD GRASP
OF WHAT I WOULD NEED..IN THIS APPLICATION, THE CABLED "DEN" WOULD BE
CONSIDERED A BEDROOM AS IT HAS A CLOTHES CLOSET IN THE ROOM.
OTHERWISE, I DO NOT SEE ANY PROBLEM WITH THE INFORMATION SUPPLIED TO
ME.
----------=====X=====___-------
~ ~,
u
PIIBLIC NOTICE
RES WHIPPLE CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS BEREBY GIVEN that a public hearing will be held on
Tuesday, April 20, 1993 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by G. Steve Whipple, 121 S. Galena, Suite 203, Aspen, CO
requesting approval of a Conditionai Use Review for a 559 square
foot accessory dwelling unit attached to the proposed single family
residence. The property is located at 204 N. Fifth Street, Lots
K and L, Block 29, City and Townsite of Aspen. For further
information, contact Leslie Lamont at the Aspen/Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920-5101.
1Jasmine Tvare, Chairman .
Planning and Zoning Commission
Leslie Lamont
Pitkin County Planning Office
130 South Galena
Aspen, CO 81611
Dear Leslie,
March 10, 1993
I have done a revised floor plan for the Accessory Dwelling Unit at
204 North 5th Street, Aspen, Colorado.
The new plan does not change the square footage of the Unit, but it
does relocate the kitchen. I feel that the new floor plan is a
better use of apace and will ultimately be more functional.
Please replace page (E) in the original application package with
the new attached page (E).
Hopefully, this will not cause any problems.
time and assistance.
Sincerely,
I appreciate your
G. Steve Whipple
GSW/kg
encl.
~ ~ ~/~ ~
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PROJECT' ~ ~~ L/ ~ Yl .~ ~ ~- ,
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE: <) _
OWNERiS NAME
Describe action/type of development being
3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Aaent Comments
_ Ju y'~~'Y ~,~~ -
~~ . -
4. Review is: (P&Z Onl (CC Only) (P&Z then to CC)
5. Public Hearin (YES) (NO)
6. Number of copies of the application to be su fitted:
7. What fee was applicant requested to submit:~~n C3-
8. Anticipated date of submission: ~ -1-W~.J-r~ V~10.~ r,
9. COMMENTS/UNIQUE CONCERNS:
~ni R"~
frm.pre_app
SUMMARY
1. Type of Application:~~~~~~~ «~ ~)~~
1) 1'rojoct Name
tv'tl~auat]rr 1
u~NO use AI'['LICI~TIQN ~
2) pmjoct Incation 204 North 5th Street, Citv of Aspen
Lots K and L Block 29, Citv and Townsite of Aspen
(indicate street address, lot & block camber, legal description ~+hexe
aPPL'oPr~~)
3) Present TAning R6
4) Iot Size 6,000 square feet
5) Applicant's Name, Address S P'ione ~ G. Steve Whipple, 121 S. Galena St,
`Suite 203, Aspen, CO 81611 (303)920-4428
6) ILC;prnsentative•s ~~~ Adders & Hione ~ G. Steve Whipple
7) Yype of Application (ploase d~ec]c all that apply):
oxditional Use cbnoePtual SPA Qxioeptual Historic Dev.
_ Speai.al Review
8040 (~il.ine
_ St=?P-am Mazgin
Find SPA
_ oaioeptual F(1D
Final Aro
_ t4otmYa i n View Plane _ Subdivision ~ .
_ Cbndamini~+~++»ation' Arext~Map Amc~dment
_ Iot Split~Iat ri re
Adjustment
Final Historic Dev.
Misr Historic Dev.
Historic Demolition
_ Historic Desicyiatian
Gt4~ Allotment
04,25 >;]aemption.
8) rrscs-;T ; rn of flr; ter; rcr Uses ' (rambPr aid type of ~dstirg stzvc-tz¢es:
approodaate sq_ ft_; ember of bedznrms; any p¢evioas apprwaLs 4r~*t~ to the
ProP~Y) - .
There is a two story single family residence with (2) bedrooms
approximately 2,400 square feet (not including the garage) which
would be. replaced.
9) D~sci3ption of Development Application
~'he application is to build a single famly residence and
inlcude a 559 square foot attached Accessory Dwelling rn~
10) have you attactxid the folloui~'
FLLSpofLSC t0 Attac3mcrtt 2, Minimm Q,F,mi~ion Qont~ts
IL~.spocre to Attachment 3, Spoci.fic lion Content,
ike to Attadm~it 4, laeviea Sta~ri'1~ for Your Application
Leslie Lamont
Pitkin County Planning Office
130 South Galena
Aspen, CO 81611
Dear Leslie,
March 3, 1993
I am submitting an application for a Conditional Use Permit for an
Accessory Dwelling Unit at 204 North 5th Street, Aspen, Colorado.
I am the owner, architect and general contractor and I am planning
to build a single family residence approximately 5,500 square feet
in size. I have included a provision in the plans for an attached
559 square foot accessory dwelling unit.
The site presently has a two story, two bedroom single family
residence approximately 2,400 square feet in size. The new house
will have the same general footprint and orientation but will
include a full basement.
I feel the conditional use is consistent with the Aspen Area
Comprehensive Plan and the R6 zoning of the neighborhood. The
dwelling unit will not increase the floor area of the house beyond
the existing allowable F.A.R. I am not taking advantage of any
bonus square footage. The dwelling unit will be attached and
integrated into the design of the house with its own private
access.
The accessory unit is compatible with the surrounding community.
The neighborhood consists of single family residences and the
dwelling unit does not conflict with the character of the area.
The unit does not add any additional mass to the proposed
residence. The general design of the house would be the same even
if the Accessory Dwelling Unit was not included.
The location, size, design and operating characteristics of the
proposed accessory unit will have minimal adverse impacts, if any,
to surrounding properties. There are four parking spaces provided
for, which exceeds the requirements of the City. There is an
internal access from the accessory unit to the main house which
allows for use of the laundry and ease of caretaker functions like
childcare or maintenance.
There are adequate public facilities and services to serve the
conditional use. The new residence would require no new services
above and beyond what is already supplied to the existing house.
Leslie Lamont
Page Two
'"'~
..r
March 3, 1993
I feel that this application is consistent with current land use
policy and integrates a community housing need into an appropriate
solution.
I would appreciate it if you could place me on the April 20, 1993
agenda.
I want to thank you for your time and consideration in this matter.
Sincerely,
~~~~~
G. Steve Whipple
GSW/kg
encl.
..
c/o Asp
215
Aspenj
March 3, 1993
Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena St
Aspen, CO 81611
Dear Leslie,
This letter authorizes George
for a conditional use review
Unit at 204 North 5th Street
Lots IC and L, Block 29, City
~.
r
C. Roach
i Properties
Monarch
CO 81611
. Whipple to submit an application
or an attached Accessory Dwelling
i Aspen. The legal description is
3 Townsite of Aspen.
sincerely,
~~,` ,~~
Sally CC Roach
,•~.
..,.
C O M M I T M E N T
9CE~II.E A
SALLY Et~LH
ASFFN PROPEKPIFS
215 SCVTFI MCNA~Ii
ASPEN CO 81611 '
1. Effective Date: Daaember 23, 1992 at 7:00 AM
PL/cs
,~'
2. ALTA 0.=rr's Policy
Proposed Instead:
S. 44IIPPLE
3. ALTA Loan Policies
Proposed Instead:
~,
..
c`OO p~
Order No. 402491-C
CLLSban3 taeferenoe 4~PPIE
Amoiart: S 889,500.00
Amotart: $
Amota-t: $
4. The estate ox' interest in the land described as' referred to in this Coaitmart and
oovexed herein is:
FEE SlbiPLE
and title thereto is at the effective date hereof vested in:
SALLY GOOK F~L171L]i
issued by:
Owner's Premitun: S 1,951.00 Aspen Title Corporation
Lender's Prenitan: S 600 E. Flopkins Avenue, #102
Add'1 IEnder C'hg: S ASPEN CO 81611
Add'1 Charges: S FAX (303) 920-4052
Tax Certificate: S 10.00 (303) 920-4050 DenvPS 595-8463
EYidorssrnnt Chg: S
T~ Charges: S
TOTAL Ct~fFtGFS: S 1, 961.00
CAWYFFS TITLE INS'URANC~ CCRFORATION
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COMMITMENT
Plat ID No. 1/1
9CE~E A (oant3a~ed) Osdes No. 402491-C
5. 1t~e lacrl referred t4 in t3~e Carmitmeirt is covering the land in the State of
Calocado, Oo~srty of Pitkin described as follows:
Lots K and L,
Hlodc 29,
CITY AID T'74d~SITE OF ASPEN.
LAWYfFS TITLE IN~JFiANCE CCRPCEtATICN
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C O M M I T M E M T
9CHEG(IIE B Oder No. 402491-C
Section 1
'~ FOLLt7FZII9G ARE THE RDQUIRII~fPS TO BE COMPi.IFD WI1H:
Item (a) Fayment to or far the aooamt of the grantors or mortgagcas of the full
consideration f~ the estate or intezest to be insured.
Item (b) Proper instxvnent(s) caseating the estate ar interest to be insured must be
execarted and duly filed for zeoord, to wit:
1. Release by the Public Trustee of Pitkin County of the Deed of Trust fran
Sally Cook Roach for the use of Ute City Nbrtgage Ca~any, to secure
S200,000.00, dated May 2, 1988, and zBOaztied May 2, 1988, in Boric 562 at Page
770.
NCJfE: Assigrrtient of the above Deed of Trust to Railzoad Savings & Loan
Association of Wichita Kansas, recorded May 2, 1988, in Hoak 562 at Page
776.
NOTE: Assignment of the above Deed of Trust to John R. Logsdon, zeoorded
June 1, 1988, in Hook 565 at Page 532.
NOTE: Adjustable Rate Rider zemrded Daoanbps 15, 1988, in Book 581 at Fags
184.
2. Deed fran SALLY COOK RQAC}i to GEOFGE S. WHIFFLE.
NOTE: Duly executed zeal pzvperty transfer declaratirn, executed by either
the Grantor or Qantas, to aooa~any the Deed mentioned above, puzsuant to
Article 14 of House Bill No. 1288 - CRA 39-14-102.
3. Evidence satisfactory to the Ca~any or its duly authorized agent either (a)
that the "real estate transfer taxes" irtq~osed by Ordi.narne No. 20 (Series of
1979), and by Ordiliance No. 13, (Series of 1990), of the City of Aspen,
Colorado have been paid, and that the liens inQ~ased thereby have been fully
satisfied, or (b) that Certificates of ExsrQ~tirn have been issued pursuant to
the provisions thereof.
A CERTIFICATE OF TA}~'S DUE LISTZhG EACH TAXIS~'i JURISDICTION SHALL BE OBTAID~D
FRCM THE CGVNI'Y TREF~IJRFR OR THE OOUNIY T'RFA~SURFR' S AUTHORIZID PL2:SlP PUFLSUAM'
TO 1983 C.R.S., 39-1-102 (14.5) AT A CHARGE OF 510.00 FACI-I TO THE QJSTCIy¢Ft.
LAWYEF~S TITLE ItSURANC~ CORFOF2ATICN
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C O M M I T M E N T
9Cl~E B
Section 2
ES~IONS Oocder No. 402491-C
The policy cs polides to be issued will certain e~oc~tions to t3~e following unless
the same are disposed of to the satisfaction of the Conparry:
1. Rights or claims of parties in possessirn not shoran by the public records.
2. x'a~~+ts or claims of easements, not shoran by the public records.
3. Discrepancies, conflicts in bauidary lines, stnrtage in area, erxsvactn~ents, and
any facts which a correct survey aryl inspection of the premises would disclose and
which are not shown by the public records.
4. Any lien, or right to a lien far services, labor or material heretofore or hereafter
furnished, imposed by law and not strewn by the public records.
5. Defects, liens, encvnbzances, adverse claims or other matters, if any, caeated,
first appearing in tie public records or attachirx3 subsequent to the effective date
hereof but prior t0 the date the proposed insured aOquirPS of record for value the
estate or interest or rtru-tgage ttr~eon covered by this Curmitment.
6. lh~patented minirxJ claims: reservations or exceptions in patents or in Acts
suttnrizirY,l issuance thereof; water rights, claims or title to water.
7. Any and all unpaid taxes, assessrpnts and tax sales.
8. In addition, the owner's policy will be subject to the mortgage, if any, noted under
Section 1 of Schedule B hereof.
9. Any mine of gold, silver, ciruiabar or copper, or any valid mining claim or
possessiai held under existing laws, as reserved by M. G. Miller, County and
Probate Judge of Pitkin County, Colorado, in the Deed to Mary E. Van Etter recorded
August 14, 1889, in Boric 59 at Forge 577.
10. Any and all tuuedeared tax sales.
NOTE: Upon receipt of a Certificate of Taxes Due evidenni ~ that thane are no
existing open tax sales, the above exceptirn will rot appear on the policies to be
issued hereiaider.
LAWYERS TITLE INSUF+ANCE CORPORATION
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DISCLOSURE STATEMENT REQUIRED BY
COLORADO REVISED STATUTES
§10-11-122
Colorado Revised Statutes §10-11-122 requires that "every title insurance agent or title insurance company shall
provide, along with each title commitment issued, a statement disclosing the following information:
(a) That the subject real property may be located in a special taxing district;
(b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the
county treasurer or the county treasurer's authorized agent;
(c( That information regarding special districts and the boundaries of such districts may be
obtained from the Board of County Commissioners, the County Cterk and Recorder or the
County Assessor."
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•,,rOTICE TO PROSPECTIVE BUYEhr
OF SINGLE FAMILY RESIDENCES
(PURSUANT TO INSURANCE REGULATION 89-2)
A. "GAP" PROTECTION
When Lawyers Title Insurance Corporation or its authorized agent, (hereinafter referred to as "Companys, Is
responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family
residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for
any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear in the public records
subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the
following conditions are satisfied prior to the Company's disbursement of the funds:
1. Properly executed documents creating the estate or interest are in the possession of the Company,
2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the
possession of the Company.
No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other title encumbrances
actually known to the proposed insured prior to or at the time of recordation of the documents.
Public Records as used herein means those records established under state statutes for the purpose of
imparting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers
for value and without knowledge.
B. MECHANICS' LIEN PROTECTION
If you are a buyer of a single family residence, you may request coverage against loss because of
unrecorded claims asserted by construction, labor or material suppliers against your home.
If no construction, improvements or major repairs have been undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens
will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form
satisfactory to the Company.
If there have been construction, improvements or major repairs undertaken on the propertyto be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens
will include: disclosure of certain construction information; financial information as to the seller, the builder and/or
the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the
Company; and, any additional requirements as may be necessary after an examination of the aforesaid
information by the Company.
No coverage wilt be given under any circumstances for labor or material for which you have contracted or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF
THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
Lawyers title Insurance Corporation
Colorado
A ~ ,
~awyers~itle
jnsurance ~poration
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
COMMITMENT FOR TITLE IN6URANCE
LAWYERS TITLE INSURANCE CORPORATION. a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A Irereol by the Company, either at the time of the issuanceof this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six I6) months after the effective date hereof or when the policy or
policies committed for shall issue. whichever firs) occurs, provided that the failure to issue such policy or policies is not the
fault of the Company. This Commitment shall not be valid or binding unfit countersigned by an authorized off icer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. The term "mortgage." when used herein, shall include deed of trust, trust deed, or ocher security instrument.
II the proposed Insured has or acgmres acnml knowledge of any detect. lien, encumbrance, adverse claim or other
matter affecting the estate or mterest or monyaye Urereon covered by this Commitment other Than those shown in
Schedule B hereof, and shall tail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extentfhe Company is prejudiced
by failure to so disclose such knowledge. II the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at itsophon mayarnendSchedule B of thisCommitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pwsuanl to paragraph 3 of these Conditions and
Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good Iai1h lal to comply with the requirements hereof, orlbl to eliminate
exceptions shown in Schedule B, or Icl to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions Irom Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
Any action or actions or rights of anion that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
Lauryers(litle jnsura]nc9/eGporatton
President
Attest: D n
O1111~11' W(h~~
Secretary.